1321.46
Statewide database used to determine borrower eligibility.

(A)
If more
than four hundred persons are licensed under sections
1321.35 to
1321.48 of the Revised Code at any
point after September 1, 2009, the superintendent of financial institutions
shall develop and make a statewide common database, as implemented by the
superintendent, accessible at all times to persons licensed under sections
1321.35 to
1321.48 of the Revised Code and to
the superintendent through an internet connection. Licensees shall use the
database to determine if a borrower is eligible for a loan. Licensees shall
submit the required data in a format as the superintendent prescribes by rule,
and verify eligibility before entering into each loan transaction.

(B)
If a statewide common database is
developed pursuant to division (A) of this section, the superintendent shall
adopt rules to administer and enforce this section and to ensure that the
database is used by licensees in accordance with this section, including:

(1)
A rule requiring that data are retained
in the database only as required to ensure licensee compliance with this
section;

(2)
A rule requiring that
identifying borrower information is deleted from the database on a regular and
routine basis, twelve months after the transaction is closed;

(3)
A rule authorizing the archiving of
deleted data, should the superintendent determine that archiving is necessary
for the enforcement of this section;

(4)
A rule prohibiting the database from
ranking the credit worthiness of a borrower and limiting the database so that
it may only be used to determine a borrower's eligibility or ineligibility for
a loan based on the provisions of this chapter;

(5)
A rule requiring that data collected
pursuant to this section be used only as prescribed in this section and for no
other purpose;

(6)
A rule
authorizing the database operator to impose a per transaction fee to be paid by
the licensee for data required to be submitted;

(7)
A rule prohibiting the database operator
from including, in the database, the social security number of any borrower.

(C)
The database
operator, whether the superintendent or a third party selected by the
superintendent pursuant to Chapter 125. of the Revised Code, shall do all of
the following:

(1)
Establish and maintain a
process for responding to transaction verification requests due to technical
difficulties with the database that prevent the licensee from accessing the
database through the internet;

(3)
Designate a transaction
as closed within one business day of receiving notification from a licensee;

(4)
Take all reasonable measures to
ensure the confidentiality of the database and to prevent identity theft.

(D)
A licensee may rely
on the information contained in the database as accurate and is not subject to
any administrative penalty or civil liability as a result of relying on
inaccurate information contained in the database.

(E)
With respect to the database prescribed in
division (A) of this section, any information submitted for incorporation into
the database, information in the database itself, or archived information as
maintained by the superintendent pursuant to this section is not a public
record under section
149.43 of the Revised Code.

(F)
If approved by the
superintendent, the database operator may impose a per transaction fee for the
actual costs of entering, accessing, and maintaining data in the database. The
fee shall be payable to the database operator in a manner prescribed by the
superintendent. A licensee may not charge a customer all or part of the fee.